Madras High Court
Mi.Dha. Pandian @ Pandiarajan vs The Commissioner Of Police on 5 March, 2025
W.P.(MD)No.5861 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P.(MD)No.5861 of 2025
Mi.Dha. Pandian @ Pandiarajan ... Petitioner
Vs.
1. The Commissioner of Police
O/o.Commissioner of Police
Alagar Kovil Road, Madurai City.
2. The Deputy Commissioner of Police
Madurai South, Office of the Deputy Commissioner of Police
Alagar Kovil Road, Madurai City
3. The Assistant Commissioner of Police
Thidir Nagar, Madurai
4. The Assistant Commissioner of Police
Thilagar Thidal, Madurai
5. The Inspector of Police
S.S.Colony Police Station
S.S.Colony
Madurai
6. The Inspector of Police
Karimedu Police Station
Karimedu, Madurai
1/13
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W.P.(MD)No.5861 of 2025
7. The Inspector of Police
Subramaniyapuram Police Station
Madurai City ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, seeking a Writ of Certiorarified Mandamus calling for the
proceedings in C.No. 72/DCP-South/Camp/MC/2025 dated 01.03.2025
issued by the second respondent pertaining to the application submitted
by the petitioner to first respondent on 19.02.2025 and quash the same as
illegal and direct the respondents 1 and 2 to grant permission to the
petitioner to undertake a peaceful rally culminating in the proposed
public Conference meeting at Natraj Theatre on 09.03.2025 between 4.00
p.m., to 10.00 p.m.,
For Petitioner : Mr.T.Lajapathy Roy, Senior Counsel
for S.Vanchinathan
For Respondents : Mr. A.Baskaran
Additional Advocate General
Assisted by : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
The prayer sought for in the present writ petition is to challenge
the order passed by the second respondent in C.No.72/DCP-
South/Camp/MC/2025 dated 01.03.2025 and direct the respondents 1
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and 2 to grant permission to the petitioner to undertake a peaceful rally
culminating in the proposed public Conference meeting at Natraj Theatre
on 09.03.2025 between 4.00 p,m. to 10.00 p.m.,
2. The learned Senior Counsel appearing for the petitioner would
submit that the petitioner as the convener on behalf of the politician
recently formed Madurai People's Coalition for Religious Harmony. In
India various religions groups have different way of worship and it is the
duty of the every citizen as per the constitutional mandate to respect and
allow their fellow citizen to carry out and continue their religious
practice and beliefs. In the light of this the Tiruparankundram Hillock in
the south west of Madurai District has been a symbol of religious
harmony for centuries and the Muslim communities for decades now
have been involved in a practice of animal sacrifice(Kanduri) in the
Sikkandar Badusha Darga in an uninterrupted manner. There have been
no reported incidents of clashes and tensions in the religion due to
animal sacrifice for all these years. When the people were harmoniously
professing their religions for a long time now the respondent police out
of blue stopped Muslims from carrying animals for sacrifice to the Darga
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on 25.12.2025. Following this various outfits and groups started
campaigning against the Muslims that they should not continue this
practice of animal sacrifice which infact is a right guaranteed under
Article 25 and 26 of the Constitution of India. This Court already
granted permission to one group to conduct gathering landed to be one
in which inciteful slogans were used. Leaders from the outfits even said
that the dhargas should be relocated and Tiruparankundram will be made
Ayodhya of the South. In this alarming situation there arises an ultimate
need to deliver a strong message to the people of this city and the State
of Tamil Nadu that they are all one and communal harmony should
prevail. Therefore in order to prevent a potentially tense situation and to
preserve communal harmony of Madurai, various right based
movements, individual social workers and leaders from all religious
affiliations have come together and formed the Madurai People's
Coalition for Religious Harmony and are undertaking various steps to
preserve religious harmony and prevent communal tensions one of which
among is the rally culminating in a public meeting. The petitioner has
sent a representation dated 19.02.2025 but the same has not been
considered. Therefore the petitioner has filed this petition before this
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Court on 28.02.2025 and after knowing the same the proceedings in
C.No. 72/DCP-South/Camp/MC/2025 dated 01.03.2025 was issued by
the second respondent by denying permission to conduct rally and
conference with a reason that cases are pending before High Court,
traffic congestion and Section 41 and 41(A) of Tamil Nadu City Police
Act is in force from 01.03.2025 to 16.03.2025. Infact the right to freedom
of speech is a fundamental right which is guaranteed under the
Constitution of India and the respondent police cannot deny that. Time
and again the Hon'ble Apex Court as well as this Court granted
permission to conduct meeting but the respondent police erroneously
rejected the petitioner's request. Therefore the order passed by the second
respondent is liable to be set aside and permission has to be granted to
the petitioner to conduct rally and public meeting at Natraj Theatre on
09.03.2025 between 4.00 p,m. to 10.00 p.m., The learned Senior Counsel
also relied on the following judgements passed by this Court
a)K.Phanindra Reddy and others .vs. G.Subramanian reported in
2023 SCC Online SC 402
b)WP(MD)Nos.3363,3364 and 3374 of 2025 in the case of
M.Murugan .vs. The District Collector and others.
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3. The learned Additional Advocate General appearing for the
respondents would submit that the petitioner has sent a representation to
the respondents to conduct rally and public meeting at Natraj Theatre on
09.03.2025 between 4.00 p,m. to 10.00 p.m., and they passed order that
as per the requisition they decided to conduct meeting in the
Tiruparankundram area where two religious people claiming right over
their temple, the place selected by the petitioner is also a busy area and
rally cannot be conducted and already tension prevailing over locality
and if the meeting is conducted it will create law and order issue
between two sects of people therefore the second respondent rightly
rejected the permission, considering interest of public and to ensure
safety and peace to the general public. The learned Additional Advocate
General relied on the following judgments of this Court.
a) S.Yuvaraj .vs. The Commissioner of Police, E.V.K.Sampath
Salai, Vepery. Chennai and others in WP No.4732 of 2025
b) Syed Raja .vs. The Commissioner of Police, Office of the
Commissioner of Police, Madurai City, Madurai in WP(MD) No.4634
of 2025.
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4. Heard both sides and perused the materials available on record.
5. In this case the petitioner has sent a representation to the
respondents for conducting rally and public meeting on 09.03.2025 and
the same was declined by the respondent police on the ground that
already tension is prevailing in that area between two sects of people and
the place fixed by the petitioner is a commercial area and it is the prime
location and it will create law and order issue and cause traffic
congestion and hindrance to the public. More over there will be chances
for religious clash between two sects of people and already Section 41
and 41(A) of Tamil Nadu City Police Act is in force from 01.03.2025 to
16.03.2025.
6. This Court perused the records. The petitioner in the affidavit in
para nos.10 and 12 has stated as follows:
“10. I submit that when the people were
harmoniously professing their religions for a long time
now, the respondent police out of the blue, stopped the
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Muslims from carrying animals for sacrifice to the Darga
on 25.12.2025. Following, this various outfits and groups
started campaigning against the Muslims that they should
not continue this practice of animal sacrifice which in
fact is a right guaranteed to them under Article 25 and 26
of the Indian Constitution.
11...
12. I submit that in this alarming situation there
arises an ulterior need to deliver a strong message to the
people of this city and the state of Tamil Nadu that we are
all one and communal harmony should prevail. These
above events very much terrorize us that it is left free, this
could lead to a very bad communal situation in this
peaceful city and therefore truth needs to be told to the
people”.
7. The averments made in the affidavit of the petition shows that
the purpose of conducting meeting and rally is by supporting to one
particular religion and already there is a tension prevailing over the
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locality between two sects of people. If so certainly it will induce two
sects of people and create law and order issue. Though the intention of
the petitioner is to create religious harmony, now considering the present
situation in the locality, if permission is granted to conduct meeting
certainly it will cause clash between two sects of people . Particularly the
averments shows that supporting one religious people but those religious
people have not created any law and order issue and they are living
peacefully, while so if the rally and meeting is permitted it will pave
way to create clash between two groups of religious people. More over
now in Tiruparankundram temple Panguni Uthiram festival is also
started with flag hoisting. At this situation if permission is granted to
conduct rally and meeting by supporting one religious people it will
create clash between two sects of people and also law and order issue.
Already so many criminal cases have also been registered in respect of
Thiruparankundram issue. Therefore the respondent police inorder to
save the people and ensure security correctly declined to grant
permission and therefore the order passed by the second respondent is in
order and warrants no interference.
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8. So far as the judgments relied on the side of the petitioner are
concerned they will not be applicable to the present facts of the case
because in this case now there is a tension prevailing over the locality
due to some dispute between two sects of people and it is the duty to the
police to ensure peace and security to the public. It is true that freedom of
speech and conducting meeting is fundamental right but it is also subject
to reasonable restrictions.
9. So far the judgements relied on by the learned Additional
Advocate General are concerned already this Court declined to grant
permission based on the situation prevailing in the locality and thereby it
is not proper to grant permission at this stage.
10.The petitioner seeks permission to conduct rally on 09.03.2025
but at present considering the situation prevailing over the locality this
Court declined to grant permission.
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11. In the result, the Writ Petition stands dismissed. No costs.
However the petitioner is at liberty to approach the appropriate
authorities for conduct of meeting outside the Madurai City. If any such
request is made by the petitioner, the concerned police officials may
consider the same in accordance with law.
05.03.2025
NCC : Yes / No
Index : Yes / No
aav
Note: Issue order copy on 05.03.2025
To
1. The Commissioner of Police
O/o.Commissioner of Police
Alagar Kovil Road, Madurai City.
2. The Deputy Commissioner of Police
Madurai South, Office of the Deputy Commissioner of Police
Alagar Kovil Road, Madurai City
3. The Assistant Commissioner of Police
Thidir Nagar, Madurai
4. The Assistant Commissioner of Police
Thilagar Thidal, Madurai
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5. The Inspector of Police
S.S.Colony Police Station
S.S.Colony
Madurai
6. The Inspector of Police
Karimedu Police Station
Karimedu, Madurai
7. The Inspector of Police
Subramaniyapuram Police Station
Madurai City
8.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL, J.
aav
05.03.2025
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